Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1887-04-07

OlaIc pIOfluto luat
THE Governor may, on extraordinary
occasions. convene at his own instance the
Legislature. but when so convened, it shall
enter upon no business except that stated
in the proclamation by which it is called
together"
What Legislature? Is it not the same
body that adjourned without electing SEN
ator in March last? Will not the meeting
on the Goth instant be the merit meeting since
that failure and since the occurrence of a
vacancy in the Office of U. S. Senator which
has been temporarily filled. if at all, by the
of Mr.. Lucas
And if these two things concur viz: that
it is the Legislature of the State and that
it is Its merit meeting after the vacancy in the
Office of U. S. Senator has occurred, does it
not answer the conditions of the Constitu-
ton of the United States which says that
the Legislature at its nsrt meeting shall fill
such vacancy?
1t is said that the Constitution of the
United States does not undertake to define
what shall be the power of the Legislature
of State That is true so far as its
control over the internal or domestic affairs
of the State are concerned. Nor has it I'M
dertaken to discriminate or distinguish be-
tween regular, special or extraordinary ses-
siOns but it has used the broad, comprehen-
sive term-Legislature, never contemplating
that there ever could be any mistake as to
the body indicated. Can there be any
doubt that it meant the law making branch
of the State government, and that the duty
which it imposed after vacancy happened,
of electing Senator-was at its next meet
ing, however and for whatever other purpo-
ses it might be called together?
Lawyer" asserts that the Constitution OF
West Virginia has created 1.-TWO sorts OF
Legislatures-one has general powers but
the other has limited powers. "Will it be
contended," says he, that this extraordina-
ry Legislature of limited jurisdiction can
exercise power denied to it by the State
Constitution? Will it be contended that
the juri diction of this Legislature of limi-
ted powers, can be enlarged by an act OF
Congress, or even by the Federal Constitu-
tion?"
Would not the question be equally as
pertinent; Will it be contended that State
Constitution can limit, modify, narrow or in
any way change the provisions of the Con-
stitution of the United States touching a
matter relating to the organization of the
Federal government, and, therefore, pecu-
liarly within the scope of the powers delega-
ted to that government?
Let us suppose that the matter to be de-
termined was of another character than that
embraced in this discussion. Let US sup
pose that provision of the Constitution of
the United States had said that there should
be placed in the Treasury of the General
Government monthly million of dollars
to the credit of every State of the Union to
be drawn as follows at every meeting OF
the Legislature whatever sums may have
accrued to the credit of the States upon
their order through such Legislatures. And
suppose that at the Extraordinary Session
of the Legislature of West Virginia called
by the Governor, and now approaching
nothing had been said as to the action Of
the body on the matter of drawing a bal
ance of three millions standing to the cred
it of the State, and resolution were intro
duced directing this balance, in relief of the
tax payers, to be paid into the State
treasury, and Lawyer as member of
that body should oppose it upon the ground
that the Governor had not mentioned this
matter as included in the business to be trans
acted at the special session. Would there
be any lack Of very forcible argument in re-
ply to him in the way of Explanations that
the State Constitutional restrictions as to
the business to be transacted did not apply
to the subject? That authority to draw this
sum was given by the Constitution of the
L. ;. and that state restrictions upon the
action OF the extraordinary session had no.
thing to do with the matter? That this
was a session of the Legislature and that
that was all the Constitution Of the United
States-the Supreme law of the land de-
But | will not protract this dis
cussion.
The main object of the article of the 3lst
Of March was to impress upon the demo-
Gratis of this county the importance of send
ng a delegate to the Legislature pledged to
an election of a L. 5. Senator at the Extra
session because of the danger that unless
such election took place, there would be q
vacancy in the Office of one of the Senators
rom this State for the period of two years
ask the candid democrats of Jefferson
county if there has been removed from their
minds all doubt by the illusions of Law
ger" that any such disaster is likely to en-
ue from the omission of the Legislature to
;hoose Senator at its approaching session?
l close by repeating the inquiry; If there
,e the faintest prospect that our representa-
ion in the Senate will be diminished by
UGH omission, what reason is there that
senator be not chosen to avoid even such
'ossibihty9 I.
Joseph Ho,rard's "Life Of Beecher."